PD-1088-15
PD-1088-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/20/2015 11:25:52 AM
Accepted 8/20/2015 2:46:04 PM
ABEL ACOSTA
CLERK
TEXAS COURT OF CRIMINAL APPEALS
_________________________
CASE NO.
August 20, 2015
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EX PARTE JEFFREY WAYNE FUJISAKA
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APPEALS COURT CASE NUMBER
05-15-00355-CR
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MOTION TO EXTEND TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW
Appellant, Jeffrey Wayne Fujisaka, pursuant to Tex. R. App. P. 68.2(c),
hereby moves this Court to extend the time by which he must file a Petition for
Discretionary Review to October 11, 2015.
1. On August 12, 2015, the Fifth Court of Appeals entered its judgment
and order affirming the denial of Mr. Fujisaka’s pretrial Applicaiton for Writ of
Habeas Corpus..
2. A Petition for Discretionary Review would ordinarily have to be filed
by September 11, 2015 without an extension being granted.
3. This case involves a complicated First Amendment overbreadth
challenge to Texas’s Inducement of Sexual Performance by a Child Statute (Tex.
Code. Crim. P. Art. 43.25).
4. Undersigned counsel must file a response in this Court to the State’s
Application for Writ of Mandamus in In re the State of Texas ex Rel. Abelino Reyna
No. WR-83,719-01 by September 12, 2015 and this Court has indicated no extensions
will be granted.
5. Undersigned counsel must file opening briefs in the United States Court
of Appeals in United States v. James Cecil Holley (due August 24, 2015) and United
States v. Ezell Brown (due September 2, 2015).
6. In addition, on July 1, 2015, undersigned counsel suffered a retinal
detachment which required immediate surgery the following day. Since that time,
counsel has missed several days of work and has missed additional time from work
for doctor appointments. In addition, counsel’s eyes are more easily strained which
has temporarily slowed down his ability to research and draft briefs.
7. In light of the above, Undersigned Counsel needs additional time to
prepare a professional Petition for Discretionary Review regarding this important
First Amendment issue.
WHEREFORE, Jeffrey Wayne Fujisaka respectfully requests this Court to
extend the time by which he must file a Petition for Discretionary Review to October
11, 2015.
Respectfully submitted,
/s/F. Clinton Broden
F. CLINTON BRODEN
TX Bar No. 24001495
Broden, Mickelsen, Helms & Snipes, LLP
2600 State Street
Dallas, Texas 75204
(214) 720-9552
(214) 720-9594(facsimile)
Attorney for Jeffrey Wayne Fujisaka
CERTIFICATE OF SERVICE
I, F. Clinton Broden, do hereby certify that, on this 20th day of August,
2015, I caused a copy of the foregoing document to be served by first class mail,
postage prepaid, on the Collin County District Attorney’s Office, 2100 Bloomdale
Rd, Suite 100, McKinney, TX 75071.
/s/ F. Clinton Broden
F. Clinton Broden